Dueling Closing Arguments in Federal Court Over Family Secrets Case

Prosecutors and defense attorneys dueled in closing arguments at the "Family Secrets" mob trial Tuesday, each putting their own views on the evidence presented over the last 10 weeks.

Prosecutors asked jurors not to buy the spin of defense attorneys while the defense, in turn maintained it was the government's witness who is not believable.

Assistant U.S. Attorney Markus Funk, continuing his presentation from Monday, focused on the murder of Anthony and Michael Spilotro, two mobsters who were themselves brutally beaten to death in 1986.

Prosecutors, relying on the testimony of turncoat mobster Nick Calabrese, maintain the two were lured to a home near Bensenville or Wood Dale and killed there by a dozen other mobsters, including defendants James Marcello of Lombard and Frank Calabrese Sr.

The Spilotros were killed in 1986 after Anthony Spilotro began attracting too much "heat," or attention to mob activities, in Las Vegas. "And why was Michael killed? Because he was Tony's brother," contended Funk, noting that the mob couldn't take the chance that Michael Spilotro might seek revenge on them. And he ridiculed Frank Calabrese Sr.'s testimony that had him claiming he only found out after the fact about Nick Calabrese killing fellow mobster John Fecarotta when he went to see Nick Calabrese, his brother, recovering from a bullet wound sustained during the killing.

"Now, of course, in Frank Calabrese Sr.'s world, he's totally uninvolved," scoffed Funk.

Why then, is Frank Calabrese Sr. on tape, discussing with his son how he was just a few blocks away at the time of the killing, driving around in vain trying to find Nick?

"Once again, what is Frank Calabrese Sr. doing? 'Play-acting' (on tape?) Trying to impress his son?" said Funk. "It's laughable."

But after Funk's presentation, Marcello attorney Mark Martin keyed in on a statement made by Nick Calabrese that high-ranking mobster Rocky Infelise was at the Spilotro slayings. He pointed to transcripts of phone recordings made of Infelise's home that show him making and receiving phone calls during the alleged time of the killings.

That proves Nick Calabrese is a liar, Martin said. "If you find he's lying about the Spilotro murders -- and he is -- then you can't believe a word he says," said Martin. "Heaven help us if his word is proof beyond a reasonable doubt."

Lombardo's lawyers next took the podium, with Susan Shatz pointing out that the man Lombardo worked with, Irv Weiner, had more reason to murder plastics plant owner Daniel Seifert than Lombardo did. In fact, both men stood to go to prison from Seifert's testimony in an upcoming criminal trial regarding theft of union funds.

Prosecutors say Irv Weiner was under Lombardo's control while defense attorneys say it was the other way around.

The fact that Lombardo's fingerprint is on the application to the title of a car used in Seifert's killing is explainable, they maintain, by the fact that it was notarized in Weiner's office where Lombardo spent a lot of time, Shatz said. "I think it is reasonable" to believe that, Shatz said.

Rick Halprin, another Lombardo lawyer, conceded that Lombardo's testimony at times was not credible, particularly when he maintained that when he was recorded using the word "we" to discuss shaking down massage parlor owners, he didn't really mean "we."

"He (Lombardo) was made to look like a fool by a very skilled prosecutor," said Halprin.

Lombardo's shaky testimony was due to the fact that he doesn't believe jurors, aware of his past convictions for mob activities, would give him a fair shake, Halprin said.

What Lombardo doesn't understand, Halprin maintained, was that those tapes don't matter much because they don't clearly show the activity was done for the Chicago mob, something required to convict of conspiracy. And Halprin also attacked other prosecution witnesses like Patrick Spilotro, brother to the slain mobsters and dentist to Lombardo. He called Patrick Spilotro's testimony that Joseph Lombardo discussed the murders with him "not credible."

Patrick Spilotro, who was present for closing arguments, said it was Lombardo's team that wasn't credible. "Smokescreen, lies and deception," Patrick Spilotro said of Halprin's arguments. "They're doing what they have to do, but truth and justice will prevail."

Thanks to Rob Olmstead

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Rent-a-Mobster

Reputed top Chicago mobster Joseph "Joey the Clown" Lombardo was "not truthful" at times in his testimony in the Family Secrets trial and was made to look like "a ridiculous old fool" under cross-examination -- but he was nothing more than a "rent-a-mobster," Lombardo's own attorney told jurors in his closing argument Tuesday.

Lombardo's lawyer, Rick Halprin, said Lombardo was never a made member of the mob but hung out and hustled with businessmen with deep mob ties. At times, Lombardo hustled himself into prison, Halprin said.

Lombardo has long retired from any Outfit connections, Halprin said, invoking the so-called withdrawal defense that's unique to Lombardo's case. "We are not talking about redemption here," Halprin intoned toward the end of his argument. "We are talking about a decided change in lifestyle."

"Redemption, I dare say, for Mr. Lombardo is in the not-too-distant future," Halprin said. Lombardo, at 78, is the oldest of five defendants on trial.

Prosecutors have tried to tie Lombardo to more recent Outfit activity by the testimony of Pat Spilotro, who was Lombardo's dentist and the brother of slain mobsters Anthony and Michael Spilotro. Pat Spilotro turned Lombardo in to the FBI when he was on the lam last year.

In court, Spilotro testified that his longtime patient mentioned his troubles, including that the New York mob was trying to muscle into Chicago. Halprin called Spilotro's testimony "not credible."

Outside the courtroom, Spilotro said he was telling the truth. "They're doing what they have to do up there," Spilotro said of the defense attorneys. "But the truth and justice will prevail."

Lombardo didn't always tell the truth on the witness stand, Halprin acknowledged. "He's frightened to death of you," Halprin told the jury. Lombardo didn't tell the truth when he pretended not to know what certain mobsters were the area bosses of. He is afraid jurors will judge him for his past. "He truly believes, no matter what his lawyers tell him, that you're going to punish him for that," Halprin said.

Another defense attorney, Marc Martin, gave the first closing statement, for reputed Outfit boss James Marcello, and focused on savaging the credibility of the government's star witness, Outfit killer Nicholas Calabrese.

Calabrese testified that Marcello took part in three murders and one attempted murder, but Martin argued Calabrese lied to save himself from the death penalty. "Do you think he would lie?" Martin asked of Calabrese. "Do you think he would lie to save his life?"

Thanks to Steve Warmbir

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Prosecution Reminder - Cross the Outfit: End Up Dead

Defense attorneys were to get their last shot Tuesday after a federal prosecutor reminded jurors at a big Chicago mob trial what happens to people who cross the Outfit: "You end up dead."

That's according to assistant U.S. Attorney Markus Funk in a 280-minute closing argument that stretched over two days.

Defense attorneys were to start their arguments Tuesday afternoon.

Five defendants are accused of taking part in a conspiracy that included 18 long-unsolved murders, illegal gambling, loan sharking and extortion. They are reputed mobster Joseph "Joey the Clown" Lombardo, 78; convicted loan shark Frank Calabrese Sr., 70; convicted jewel thief Paul Schiro, 70; reputed mob boss James Marcello, 65; and retired Chicago policeman Anthony Doyle, 62.

Funk sought to recap for jurors highlights of the trial that started June 21. He detailed gruesome killings, including events leading up to the trial's most high-profile death -- that of Tony "The Ant" Spilotro, who was beaten to death along with his brother, Michael, and buried in an Indiana cornfield.

Tony Spilotro, known as the mob's man in Las Vegas, was the inspiration for the Joe Pesci character in the 1995 movie "Casino." In the film, Pesci's character was beaten with bats and buried alive.

Thanks to NBC5

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